With the development of society
More and more elderly people are entering nursing homes and nursing homes
Enjoy your old age under the care of a professional
Recently, The widowed old man Ye Laobo of Suzhou High-tech Zone
Sued by the nursing home in which he lived
The reason is that more than 50,000 yuan of nursing fees are owed
As early as June 2018, Ye Laobo was sent to a nursing home by a Ms. Xu. According to the evidence provided by the nursing home, Xu signed a doctor-patient agreement and safety notice with the nursing home in the name of Ye Laobo, and noted that the relationship with Ye Laobo was father and daughter. But soon, the staff of the nursing home noticed the abnormality.
The director of the nursing home said that the frequency of Xu's visits was not high, and he only paid the fee every two or three months. It is understood that there is no blood relationship between Xu and Ye Laobo, but the two have a maintenance agreement. Ye Laobo promised to sell the house to Xu at a low price, and Xu gave Ye Laobo "pension and death" as a dry daughter. Ye Laobo's ID card, bank card and other important documents are in the hands of his daughter Xu Mou.
In the early days of admission, although Ye Laobo suffered from a variety of chronic geriatric diseases such as hypertension, he was still able to take care of himself and his physical condition was not bad. By September 2019, the nursing home found that Xu began to default on fees. Although the staff has always reminded Ye Laobo to be vigilant, Ye Laobo is convinced of the identity of Gan's daughter. Until 2021, the daughter of the cadre has been "missing" for more than a year, and the so-called son-in-law of the cadre cannot be contacted.
In the end, the nursing home could only sue Xu and Ye Laobo to court. After the lawsuit, the nursing home learned that Ye Laobo initially priced his house at 30,000 yuan, hoping to exchange the low price for Xu's care for himself. The court found that Xu's house in the place of household registration had been demolished and there was no property in her name. At the opening of the trial, Xu Still did not appear, and only Ye Laobo was alone in the defendant's seat.
The court said that the so-called maintenance agreement between Ye Laobo and Xu Mou was only an oral agreement and could not be verified. Ye Laobo also did not get the so-called 30,000 yuan to buy a house. However, the "Doctor-Patient Agreement" signed by Xu and the nursing home is legal and valid, and a entrustment contract relationship is formed between the two parties. Xu, as the client, shall pay the relevant fees to the nursing home. Subsequently, the nursing home told Xu the trial results through WeChat, but there was no response.
But unfortunately, Ye Laobo still ended up with hatred. According to the president's description, after returning from the court, Ye Laobo has been sullen and unhappy, and soon stopped eating or drinking. Ye Laobo also signed a body donation agreement before his death, but for his encounter, the nursing home staff felt very sorry!
Soon after, the missing Xu family suddenly contacted the nursing home. Ye Laobogan's son-in-law said that the family encountered difficulties before, but the cost of the nursing home will definitely be borne. Due to the delay in receiving the arrears, the nursing home has applied for compulsory enforcement.
The judge said that many widows and widows and the elderly chose to recognize "righteous sons" and "righteous daughters" to send them to their pensions, but there were many risks of performance in the oral agreement. With the introduction of the Civil Code, signing a bequest maintenance agreement to "prevent aging" has become the choice of many people at present.
Yang Xiaojun, a full-time member of the Adjudication Committee of the People's Court of Huqiu District of Suzhou City, introduced that article 1158 of the Civil Code stipulates that natural persons may sign a bequest maintenance agreement with an organization or individual, and the designated object shall be responsible for the so-called old-age care and final delivery, so as to enjoy the right to receive the bequest. The Civil Code provides that bequest maintenance agreements have priority over wills and statutory succession.
It should be reminded that when the elderly and related organizations or individuals sign a bequest support agreement, they must take a written form and handle the relevant notarization procedures, so that when an accident occurs, they can protect their legitimate rights and interests more efficiently and on the basis of evidence!
(Nanjing zero distance)